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Among others, rights in relation to working time, equal pay, transfer of undertakings, fixed-term workers and agency workers all stem from European legislation.Some EU laws (eg Regulations) are directly applicable but the majority (eg Directives) need to be enacted by domestic legislation.This course will not deal with employment related torts.However, much of Northern Ireland’s employment law is now set out in statutory form (Acts of Parliament, Orders or Regulations).
Decisions of the Court of Appeal for England and Wales are not strictly binding on the Northern Ireland Industrial Tribunal but are very persuasive.Accordingly, care should be taken when advising about the rates which apply.Northern Ireland (like England, Wales and Scotland) is a common law jurisdiction which means that, historically, law was developed through caselaw rather than through legislation.However, the provisions in those Regulations relating to service provision change do not apply to Northern Ireland.Separate provisions are set out for Northern Ireland only in The Service Provision Change (Protection of Employment) Regulations (NI) 2006.
There is now a significant divergence between Northern Ireland and other parts of the UK in relation to discrimination law as the Equality Act 2010 applies to England, Wales and Scotland but not to Northern Ireland. The Labour Relations Agency also has a good summary of employment legislation applicable specifically to Northern Ireland at